Taiwan IP Updates  ¡V August 2024

By Lyndon 

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The Taiwan Intellectual Property Office Proposes Draft Amendments to the Patent Examination Guidelines

The Taiwan Intellectual Property Office (TIPO) has recently proposed draft amendments in specific areas such as patent term extension calculations and who qualifies as an interested party in a patent invalidation. The main points are as follows:

1. For patents relating to pharmaceutical inventions, if a regulatory approval shall be obtained in accordance with the Pharmaceutical Affairs Act or the Rare Disease and Orphan Drug Act for the exploitation of the patent, the patentee may apply for a patent term extension for the period in which the inventions cannot be exploited due to the absence of a regulatory approval.  According to the Patent Examination Guidelines, the period from the day after the date of receiving the Notice for Collecting the Approval to the day of actually collecting the approval should be deducted from the term to be extended.  Therefore, the patentee should submit a document of proof regarding the date of receiving the Notice for Collecting the Approval.
2. Concerning the topic of an interested party in a patent invalidation, an interested party is now specified as a legally interested party, i.e. a party whose rights or legal benefits are directly impaired due to any controversy surrounding the patent right or the right to apply for a patent.  If the invalidation petitioner provides a document of proof to establish such interest, as long as the patentee does not argue against it and the examiner does not foresee any problems, it is unnecessary to investigate the existence of such interest.  However, if the patentee doubts the existence of the interest, in principle, an investigation would be required to make a formal decision.

Taiwan Semiconductor Manufacturing Co. to start N2 chip production in 2025

TSMC said that its 2-nanometer N2 chip is on track to begin mass production in 2025.  At an investor conference in July, TSMC Chairman C.C. Wei said because the development of the 2nm technology is progressing well, with its performance and yield meeting or exceeding expectations, mass production is set to take place as planned.  The 2nm process will be 10-15 percent faster compared to the current N3E and consume less power.  Also, chip densities will also be higher by more than 15 percent.  He added that TSMC is also on track to launch the N2P and A16 processes in the second half of 2026.  The N2P is set to be an advanced version of the N2.  It will boost performance by 5 percent and use 5-10 percent less power, making it suitable for smartphone and high performance computing applications.  According to TSMC, the A16 is the next nanosheet-based technology to feature Super Power Rail.  Super Power Rail (SPR) is a TSMC technology that enhances power delivery and efficiency in advanced semiconductors.  It ensures better power distribution, reduced power loss, and improved chip performance.  Compared to the N2P process, the A16 will be 8-10 percent faster and use 15-20 percent less power.  The chip densities will also be 7-10 percent higher.  Regarding InFO (integrated fan-out) wafer-level packaging, the company was still working on developing this technology.  Based on information released on TSMC’s website, InFO is an innovative wafer level system integration technology platform, featuring high density RDL (Re-Distribution Layer) and TIV (Through InFO Via) for high-density interconnect and performance for various applications, such as mobile and high performance computing.